UPLAND >> The San Bernardino County District Attorney’s Office has declined to file any charges in an incident in which an Upland man got into an altercation with homeless individuals, spraying weed killer on one and later pulling out a gun on them.

The Aug. 26 altercation began when the resident was cleaning up the onramp of the 10 Freeway near Mountain Avenue. The man, who was standing near the fence of the Goodwill Store parking lot, sprayed weedkiller along the edge of the fence.

His presence woke up Robert Garcia, 36, and his partner Rachel Roman, 43, who were sleeping under trees in the open space of the 10 Freeway westbound onramp.

Garcia said he witnessed the man spray his soda cup with pesticides, and when he confronted him, he was sprayed in the eye.

“A case involving both individuals was submitted to our office for review,” said Christopher Lee, spokesman for the district attorney, in an email response. “This case was turned down due to a lack of sufficient evidence.”

A thorough case

Upland Police Department, however, said it did a complete and thorough investigation which included interviews from the scene but continued to conduct interviews later that night. A detective worked on the case one day that following week, said Upland police Capt. Cliff Mathews.

“We thought there was a case that was prosecutable and were surprised it wasn’t,” he said Friday. “In particular, the assault with the chemical, there was substantial evidence on that charge.”

Mathews said Upland Police provided a one-page report of the incident along with supplemental reports, which he said, included details of the weedkiller being sprayed on Garcia.

“We were surprised that the case was not prosecuted, but the rest of it is much cloudier,” he said.

Mathews was referring to the reports of a gun being pulled out on the homeless men.

“Displaying a gun is not an automatic chargeable offense. Whether it was lawful or illegal, and whether there is evidence or not, that’s a difficult case,” Mathews said.

Surveillance video of the incident was included as evidence, he said.

Police officers were called to the parking lot of the Goodwill store near the 10 Freeway on Mountain Avenue that day at 11:30 a.m. in response to the altercation, police have said.

Upland Police have said the Upland man did have a concealed weapons permit and notified authorities on the scene that he had pulled out the gun.

When officers arrived, they interviewed all the parties involved and witnesses. While each party accused the other of battery, neither elected to seek prosecution at the time, Upland police stated.

Unless someone else comes forward with additional evidence, either for or against criminal action, Mathews said the case will not be going back the district attorney’s office.

A witness account

After the Upland man sprayed Garcia in the eye, Garcia said he immediately washed out the chemicals.

“He left after I told him he owes me a dollar for my soda,” he said.

Several minutes after the confrontation involving Garcia, another dispute broke out between the Upland man and another homeless man. The Upland man had made his way to the other side of the parking lot, near the Mobil gas station, and picked up a bag of recyclables which belonged to another homeless man. When Garcia and other homeless man noticed, they notified the owner of the recyclables who then approached the Upland man.

“He was going to take his recycles so he told him, ‘They’re mine now,’ and then he told us he was going to put us all under citizens arrest for trespassing,” Garcia said, as he drank from a large soda cup while he recounted the ordeal on Sept. 11.

They started playing tug-of-war with the recycles, Garcia said of the pair.

“That’s when the guy pulled out the gun and yelled ‘Get back,’” he said, standing just a couple hundred yards from where it occurred.

According to the police report, obtained by this publication, the Upland man accused the homeless man of grabbing his arm. The homeless man told authorities that the Upland resident had pushed him, causing him to fall and cut his arm/elbow area, the report states.

“(The Upland man) told officers he felt threatened by the homeless subjects when he became surrounded by them,” the police report states.

The man kept the gun along the side of his body, and it wasn’t pointed at anyone, the report states.

Garcia’s account contradicts the report.

“He held it there for at least five seconds, to my chest,” Garcia said. “I told him, ‘Go ahead, do what you got to do. At least I know where I’m going when I die.’”

Garcia said he has cell phone video and turned over to officers that day. He said he has since had trouble retrieving it from his phone.

A community on edge

Garcia, who has been homeless for the past four years, said it’s been difficult to find a full-time job but does work on Saturday and Sundays holding up sign for a local car dealership. He acknowledged he has a criminal record but said he is working on getting those misdemeanors expunged.

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